Tuesday, December 22, 2009

Text of Email to Neighbors of Windermere Community Church

I wanted to thank all of you for emailing me about the Windermere Community Church application [to add independent and assisted senior living], which the Orange County Planning and Zoning Board heard last Thursday.

I considered all testimony and evidence carefully and made a motion to deny the application's transmittal for lack of consistency with the County's comprehensive plan and compatibility with the adjacent neighborhoods. My motion carried 6-1. The Planning and Zoning Board's recommendation will go to the Board of County Commissioners for consideration in the next month or so.
The ballfields, a condition in the development plan approved by Orange County in 2000, fulfilled the Church's 5% open space/civic requirement under the Horizon West Code. (Our revised Code increased the requirement to 7.5%). As I pointed out, the County's Future Land Use Element made the civic space contribution "permanent." In any event, I can't imagine a school on the church property without ballfields.

I presented information from the County's demographic study. Over the next two decades the need for senior housing to accommodate our aging population will become acute. The Lakeside Village Special Area Plan and the County's Comprehensive Plan require a mixing of uses and housing choices for all age groups.

My sense, at the end of the hearing, was that no one felt good about the discord in our community. Perhaps no one felt more pain than Pastor Matheson, who had no intention to upset the Church's neighbors.
I am hopeful that, before the Board of County Commissioners considers the application, representatives of the Church and the surrounding neighborhoods can come together and reach a consensus that: (1) preserves the ballfields and establishes a time-frame for their establishment; (2) preserves and extends a pine tree buffer between the Church property and the neighborhoods; (3) allows a reasonable amount of senior housing in a pleasing, aesthetic form that enhances our community.

I would ask those neighbors who walked door-to-door, conducted research, organized the email campaign, and otherwise took the lead, to form a committee to meet with Pastor Matheson and other Church representatives. I am asking for everyone's reasonableness and good faith.

My role with this application is officially done, but please let me know if I can assist you in any way. I am truly appreciative for the community's very passionate interest and involvement--and wish you and your families a Merry Christmas and Happy New Year.

Rick Geller

(Jan. 26, 2010 UPDATE: Windermere Community Church withdrew the application before the County Commission could act on it. The Church indicated an intent to submit a revised application.)

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About this Blog

I converted my old campaign website into this blog. After Commissioner Boyd appointed me to the Orange County Planning and Zoning Board, I decided to use this blog to discuss issues of importance affecting local government, and to expound on ideas for improving our built environment.

At community meeting after community meeting, citizens express outrage and opposition to new development proposals. Citizens appear before the Planning and Zoning Board, fearful that approval will enable another McDonald's with cartoon architecture or another strip shopping center with a massive, half-empty parking lot in front. Attitudes toward our built environment range mostly from dislike to indifference.

The 1960s-era suburban sprawl model causes traffic congestion, traps our children, the disabled, and elderly in subdivisions without transportation, and produces strip commercial development of poor aesthetic quality. We build sidewalks without shade trees despite Florida's oppresive summer heat. We build subdivisions with 60% or more of each house front devoted to a blank garage. Having turned our roadways into highways, our kids can no longer walk to school.

There is a better way. We are fortunate to have real-world models in Central Florida founded on principles of New (and traditional) Urbanism--Baldwin Park, Celebration, Avalon Park, and Winter Park's Park Avenue--for all to experience. However, our zoning codes make walkable communities illegal (without jumping through innmerable hoops).

I am hopeful this blog will help educate about the benefits of form-based zoning reforms enacted in 2010 in Miami and Denver and under consideration in other cities. The new codes, over the course of decades, can change development configurations from suburban sprawl to walkable urbanism. I compiled the links below to provide you with a multitude of sources. I am hopeful you will join me in advocating a better way.

Rick

"The Legality of Form-Based Zoning Codes," Journal of Land Use... (FL State Univ School of Law)

About Rick

I am a partner with Fishback Dominick in Winter Park, a law firm founded in 1935, where I practice in the areas of business and commercial litigation and, on a selective basis, land use law. I taught Land Use Law as an adjunct professor in the Master of Planning in Civic Urbanism program at Rollins College, in Winter Park, Florida for three years. I previously served as an Orange County Planning and Zoning Commissioner, appointed by District 1 Commissioner Scott Boyd. I reside in Winter Park with my wife, Gabriela, and four terrific kids.

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Below you'll find links to interesting blogs and websites relating to transportation, the law, and the built environment. I don't necessarily agree with all positions taken by the blogging authors, but generally find them well-informed and thoughtful.